Title Research in Mexico; Importance of Proper Due Diligence
How can you buy real estate from someone other than the legal owner? There have been times when foreign real estate buyers do not completely understand how to make sure they are buying from a legitimate homeowner. Buyers should make sure they are getting a Clear writing and payment of the owner of the actual property and not a third party who thinks they own the property. Or worse yet, by a person who is being dishonest claiming that they possess it.
How to reduce the risks of buying real estate in Mexico
The only way to avoid such risk is to have legal professionals conduct the appropriate title research. Conducting proper real estate title research means clearly understanding the history of the property since its inception.
A real estate title search, when done correctly, will reveal any inheritance issues, tax liens, hidden parts that may claim property, title defects, wrong legal paperwork and illegal transfers.
A title search will reveal any issues that may cause title problems for prospective owners.
In Mexico, it is a common mistake to think that a notary public is responsible for formalizing the legal process of closing the real estate transaction. A Notary Public is only responsible for ensuring that all documentation and permits are in order for the transaction to continue. This includes verifying the legitimate owner and ensuring that there are no outstanding liens on the property. A Notary Public does not conduct research for defects in prior property transfers.